END USER LICENSE AGREEMENT FOR pRTI™ 1516 LE

Limited Edition - For personal, non-commercial training only

READ THE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING!

This End User License Agreement ("Agreement") sets forth the terms and conditions relating to the licensing by Pitch Technologies AB, Sweden ("Pitch") of the accompanying software and documentation ("Software"). By signing this Agreement or by installing, copying or otherwise using the Software (the earliest of such acts constituting the effective date of this Agreement), you ("Licensee") agree to be bound by the terms of this Agreement.

1. Limited License Grant. Pitch hereby grants to Licensee a non-exclusive, non-transferable, limited license to use the Software, in machine-readable form only, for the purpose of Licensee's personal training only. All other use is prohibited. This includes use where the Licensee receives any form of compensation, directly or indirectly. Furthermore:

(a) Licensee may:

(i) Install and use one copy of the Central RTI Component (CRC) of pRTI™ on a single computer terminal.

(ii) Install and use two (2) copies of the Local RTI Component (LRC) of pRTI™ on computer terminals that connect to a licensed CRC; and

(iii) Install and use C++ binding for the Windows NT/2000 or Linux on computers with a licensed LRC that connect to a licensed CRC.

2. License Restrictions. Licensee shall not copy, alter, modify or adapt the Software or any part thereof, except that Licensee may make one archival copy of the Software for backup use. Licensee shall not translate, reverse engineer, decompile, disassemble, decrypt, extract or create derivative works of or from the Software or any part thereof. Licensee shall not remove or modify any proprietary markings or restrictive legends placed on the Software. The Software is licensed, not sold; Licensee shall not sublicense, re-lease, transfer or distribute the Software, whether by license, loan, rental, sale or otherwise in whole or in part.

3. Ownership. Licensee acknowledges and agrees that that the Software is protected by trade secret, copyright and other proprietary rights, and that any and all such rights to and in the Software vest and shall remain vested in Pitch and its licensors. Pitch reserves all rights not expressly granted herein.

4. Confidentiality. Licensee shall keep the Software confidential, except for any information that is (a) generally available or known to the public, (b) disclosed through no act or omission of Licensee or any of its employees or agents, (c) lawfully disclosed to Licensee by a third party not under any confidentiality obligation, and (d) disclosed as required by a court or similar tribunal.

5. Trademarks and Logos. This Agreement does not authorize Licensee to use any Pitch name, trademark or logo. Licensee acknowledges that Pitch owns the pRTI trademark and all pRTI related trademarks, logos and icons and agrees to: (i) not do anything harmful to or inconsistent with Pitch's rights in the pRTI Marks; and (ii) assist Pitch in protecting those rights, including assigning to Pitch any rights acquired by Licensee in any pRTI Mark.

6. Disclaimer of Intended Use. Licensee expressly acknowledges and agrees that the Software is intended to assist in modeling and/or simulation, and is not designed or intended for use (a) in control of aircraft, air traffic, aircraft navigation or aircraft communications, or (b) for the design, construction, operation or maintenance of any nuclear facility. Licensee shall not use the Software in any such application or for any such purpose.

7. Disclaimer of Warranty. Software is provided "AS IS," without a warranty of any kind. ALL EXPRESSED OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

8. Limitation of Liability. NEITHER PITCH OR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF THE SOFTWARE OR ANY USE THEREOF, INCLUDING ANY MISUSE, IMPROPER INSTALLATION, ALTERATION OR MODIFICATION BY LICENSEE, OR PROBLEMS ARISING OUT OF THE MALFUNCTION OF LICENSEE'S EQUIPMENT OR ANY THIRD PARTY SOFTWARE. IN NO EVENT WILL PITCH OR PITCH'S LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Termination. Licensee may terminate this Agreement at any time upon written notice to Pitch. Pitch may terminate this Agreement and all licenses hereunder immediately upon notice if Licensee fails to comply with any provision of this Agreement. Upon any termination, Licensee will return all copies of the Software to Pitch.

10. Assignment. Licensee shall not assign this Agreement, or any license hereunder, without the express written consent of Pitch. Any other attempt to sublicense, assign or transfer this Agreement or any Software shall be void.

11. Installation Support and Maintenance. Licensee is not entitled to any installation support or maintenance.

12. Governing Law. This Agreement shall be governed by Swedish laws without regard to principles of conflict of laws.

13. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are hereby waived to the extent necessary for this Agreement to be otherwise enforceable in such jurisdiction.

14. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the Software. There are no representations, promises, warranties or understandings relied upon by either party which are not contained herein. Licensee shall indemnify Pitch from any costs or damages suffered as a result of a breach hereof by Licensee. In any collection action or litigation relating to this Agreement, the prevailing party shall be entitled to recover its costs of collection or litigation, including reasonable attorney fees.

Pitch Technologies AB, Repslagaregatan 25, S-582 22 Linköping, Sweden
Webmaster@pitch.se